Preparing Trademark Portfolios for Sunrise in 2028

As the next round of new gTLDs draws nearer—likely to launch formal applications in 2026 with initial delegations and domain launches beginning around 2028—brand owners must begin preparing their trademark portfolios now if they hope to fully leverage and protect their intellectual property during the crucial sunrise period. The sunrise period, which occurs shortly after a new gTLD is delegated but before it becomes publicly available, allows trademark holders to register domain names that exactly match their trademarks before the general public can do so. In the 2012 round, the Trademark Clearinghouse (TMCH) played a central role in enabling this preemptive protection, and it is all but certain that the TMCH, or a similar mechanism, will be part of the 2028 rollout. However, significant changes in global trademark law, domain enforcement practices, and registry business models since the last round mean that simply relying on previously registered marks is no longer enough.

The cornerstone of a sunrise registration is having a valid, registered trademark that meets the TMCH’s eligibility requirements. In 2012, this meant having a word mark that was nationally or regionally registered, not a stylized or figurative mark unless the textual element could be clearly extracted. Many brand owners at that time discovered that their marks—while valuable in commerce—did not qualify for sunrise because they were registered in logo form only, or in jurisdictions not recognized by the TMCH. Preparing for 2028 means conducting a comprehensive audit of the current trademark portfolio to identify gaps, particularly where marks exist only as stylized or figurative registrations. Where necessary, companies should begin registering corresponding word marks in major jurisdictions now, as the process of obtaining trademark registration can take 12 to 36 months depending on the country.

Another critical consideration is exact match requirements. Sunrise domains can only be registered if they match the trademark string as submitted to the TMCH, with limited allowances for the removal of spaces, special characters, or punctuation. This restriction requires brands to think strategically about the way their trademarks are filed. For example, a trademark registered as “X-Drive Pro” may not entitle the holder to register “xdrivepro.tld” unless the TMCH rules allow for hyphen and space removal as equivalent. Legal teams should assess whether new filings are necessary to secure clean, contiguous word marks that reflect real-world usage and consumer expectations. Additionally, brands launching new product lines, services, or campaigns in the next two to three years should consider filing trademarks early so those assets can be included in the 2028 sunrise effort.

International coverage is another area where advance planning can make a substantial difference. The TMCH accepts trademark registrations from over 100 jurisdictions, but in practice, marks from jurisdictions with well-established registries and English-language databases are processed faster and with fewer complications. For multinational brands, aligning sunrise strategy with global trademark prosecution requires prioritizing filings in jurisdictions like the United States, European Union, Japan, and key emerging markets such as Brazil and India. Not only does this increase the chances of a successful TMCH validation, but it also reinforces brand protection strategies in markets where cyber infringement is common.

Record-keeping and chain-of-title documentation are also vital. In the previous round, delays and denials often occurred because TMCH validators could not clearly link the applicant to the rights holder, particularly in cases involving corporate name changes, mergers, or holding company structures. Preparing for 2028 means ensuring all trademark records are up to date with the relevant IP offices, that ownership records are consistent, and that any licensees or affiliates who may wish to participate in sunrise registrations are properly authorized in advance. Internal coordination between legal, IT, and marketing departments will be essential to streamline this process and avoid last-minute scrambles that can lead to missed opportunities or disputed claims.

Furthermore, many brand owners should revisit their enforcement history and consider how past experiences with domain squatting or phishing may inform future priorities. The 2028 round is likely to include thousands of new gTLDs, many of which may have niche or geographic relevance to particular industries. Not all of these TLDs will warrant sunrise registration, but some may require aggressive early action. Legal teams should begin developing a triage system for evaluating which strings merit sunrise protection, which should be monitored through Trademark Claims services, and which pose little to no threat. Criteria might include consumer confusion risk, historical abuse patterns, semantic similarity to existing brands, and the nature of the registry’s mission or business model.

For brands with limited internal capacity, the use of a domain portfolio management service may be advisable. These providers can handle TMCH registrations, manage renewal cycles, track launch timelines across different gTLDs, and register domains on behalf of the rights holder during sunrise windows, which can be as short as 30 days. Given that sunrise periods do not happen all at once but roll out in phases based on when each TLD is delegated, having external support to monitor and act on each opportunity in real time can be the difference between securing a key domain and losing it to a third party.

Trademark holders should also be aware of policy developments that may change the structure of the TMCH or sunrise eligibility criteria. Discussions within ICANN’s rights protection mechanisms review processes have suggested that certain enhancements or restrictions could be added in the next round. These may include limits on the number of domains that can be claimed through TMCH, rules on how “use in commerce” is demonstrated, or even differentiated treatment of generic versus brand terms. While none of these changes are finalized, staying engaged with policy developments and seeking early guidance from outside counsel can help future-proof a trademark portfolio strategy.

In the final analysis, preparing for the 2028 sunrise period is not just about defensive registrations—it is a forward-looking brand strategy exercise. It involves aligning trademark prosecution with domain strategy, ensuring global protection is harmonized, and anticipating which digital assets will matter most in a vastly expanded internet namespace. With enough lead time, brands can build a portfolio that not only qualifies for protection but does so with precision, speed, and authority. Those who wait until 2027 or later may find themselves shut out of the domains that matter most, while those who act now can secure a commanding presence in the new gTLD era from day one.

As the next round of new gTLDs draws nearer—likely to launch formal applications in 2026 with initial delegations and domain launches beginning around 2028—brand owners must begin preparing their trademark portfolios now if they hope to fully leverage and protect their intellectual property during the crucial sunrise period. The sunrise period, which occurs shortly after…